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<br />'Page S;:.x <br /> <br />.. <br />", <br /> <br />serious adverse economic injury to the area and to the United States <br /> <br />by imposing unnecessary legal and other burdens on water system <br /> <br /> <br />development at a time when the country is just beginning to lift <br />, <br /> <br />itself from an economic recession. <br /> <br />The Board must also. take note of certain other legal matters. <br /> <br />'nl,e right of Denver to take water from the Colorado River system, <br />which includes the streams wi~~in the proposed Wilderness area, for <br /> <br />use in the Denver Metropolitan Area has been decreed by the U. S. <br /> <br />District Court and ratified by an Act of Congres~. The law at ~~e <br /> <br /> <br />time of ~~is decree and Act of Congress regarding rights-of-way <br /> <br /> <br />over Federal land remains unchanged. Denver has proceeded L~ good <br /> <br /> <br />faith to develop the water rights involved in reliance on ~~e in- <br /> <br />tegrity of the United States Government in maintaining the law so <br /> <br /> <br />that rights-of-way for the projects involved can be secured under <br /> <br />provisions of law which are of long standing and well understood. <br /> <br />Enlargement of Eagle's Nest beyond the t-~e wilderness need, <br /> <br />for the purpose of preventing transmountain diversions a.'1d impairing <br /> <br />Denver's abil~ty to exercise ~~e water rights already ~~ara.'1teed, <br /> <br /> <br />would be a bed faith imposition of burdens on ~~e exercise of Denver's <br /> <br /> <br />property rights under existing law and would necessitate costly a.'1d <br /> <br /> <br />time-consuming legal actions. Constitutional questions are invited <br /> <br />by su~~ actions. <br /> <br />In cases now pending before the State Courts, ~~e Federal Gover:1.- <br /> <br /> <br />ment is a party, forced before the State Court by an Act of Congress, <br /> <br />requiring ~~e Government to advance its claims to water in State <br /> <br /> <br />proceedings.' In these proceedings the Onited States has sought to <br /> <br />00743 <br />